Terms of use


THESE WEBSITE / MOBILE APPLICATION TERMS OF USE / AGREEMENT (“AGREEMENT”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND OFISH (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND OFISH FOR THE USE OF THE WEBSITE / MOBILE APPLICATION (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE / MOBILE APPLICATION.

PLEASE READ THESE TERMS OF USE / AGREEMENT CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE / MOBILE APPLICATION OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE / MOBILE APPLICATION.

DEFINITIONS

“You” refers to the user of this mobile application in the name and style of “ofish” and its related services, and the website www.ofish.me, and as such You have gained the right to use ofish by unconditionally accepting the applicable Terms of Use described in detail below.

Ofish is the operator of ofish.me website and the mobile applications in the name and style of ofish (the “ofish”). The website and the mobile applications are jointly and severally referred to as “Website”.

As used in this Terms of Use Agreement, "we" and "us" means ofish or any successor or assign of ofish.

“Service(s)” refers to Your use of the Website for any purpose whatsoever.

OVERVIEW

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions that apply to Your use of ofish and all services offered by ofish. By completing the subscription process You are indicating that You agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for Your records. By accessing ofish or using any Services, You consent to receive and agree to this Agreement electronically.

We reserve the right to modify this Agreement at any time. Such modified Agreement will become effective and will apply to Your subscription upon our posting such Agreement to ofish. Your continued use of our Service after such a modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your obligation to review the Agreement and to become aware of any modifications.

INTENDED GEOGRAPHY OF USE

Ofish and its Services are as of now targeted and offered in India. However, due to the nature of the medium of internet and telecommunication, ofish and Services can be used outside of India.

ELIGIBILITY

You must be 13 years of age or older to visit or use ofish or the Services in any manner. By visiting or using ofish or accepting these Terms of Use, You represent and warrant to ofish that You: (i) are either 18 years of age or older (or, in case You are between 13-18 years of age, You have the consent of Your parents, natural or legal guardian to subscribe to ofish and use the Services), and that You have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use ofish in a manner consistent with any and all applicable laws and regulations that applies to You and that applies to ofish; and (iii) are not facing any criminal proceedings or are convicted of any criminal offence in any country involving any child abuse, sexual or related offence, and that You will immediately de-register Yourself or stop using ofish and its Services immediately upon You facing any aforesaid criminal proceedings or criminal conviction.

USER AGREEMENT

This Agreement constitutes Your agreement with ofish with respect to Your use of ofish and all the Services. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.

RIGHT TO USE

Your right to use ofish and the Services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.

CODE OF CONDUCT

You agree to use the Service in accordance with the following Code of Conduct:

  1. You will keep all information provided to You through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to You.
  2. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
  3. You will not forward chain letters through the Service.
  4. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
  5. You will not post messages, pictures or recordings or use the Service in any way that;
    1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
    2. is fraudulent or otherwise unlawful or violates any law.
  6. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
  7. You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website / Mobile Application, ofish, its systems, or any other members' systems in any way.
  8. You will not post or transmit in any manner any contact information including but not limited to email addresses, "instant messenger" nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website / Mobile Application and through its Services.
  9. You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
  10. You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.

MONITORING OF INFORMATION

We may ourselves or use third-party advertising companies, such as Google, Microsoft, Yahoo! etc. to serve ads when you visit our website. We as well as these companies may use information about your interests in order to provide advertisements about goods and services of interest to you.

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

REMOVAL OF INFORMATION

We do not, are not obligated to, and cannot review all profiles, public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.

TERMINATION OF ACCESS TO SERVICE

We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.

PROPRIETARY INFORMATION

The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

NO RESPONSIBILITY

You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.

SECURITY

You are responsible for maintaining the confidentiality of Your personal information and sensitive personal information including Your login information, profile information and mobile number, and You should not allow anyone to use Your account of ofish to access any Services. You are responsible for all usage or activity on the Service by users using Your personal information and sensitive personal information, including but not limited to use of Your login information by any third party. You agree to immediately notify ofish of any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your personal information and sensitive personal information.

INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT OFISH DOES NOT AND IS NOT OBLIGATED TO CONDUCT ANY CHECKS, VERFICIATIONS OR DILIGENCE INCLUDING CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. OFISH ALSO DOES NOT INQUIRE INTO THE BACKGROUND OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS UERS. OFISH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.

IN NO EVENT SHALL OFISH, ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND SHAREHOLDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT OFISH MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

EXTERNAL LINKS

The Service may contain links to other Internet sites, mobile appications and resources ("External Links"). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents. We suggest that You review the terms of use and privacy statements of such External Links prior to using them.

You understand that by using any of the External Links, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL or mobile application may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the External Links at Your sole risk and that ofish shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. It shall be Your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.

By using External Links, You acknowledge and agree that ofish is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. Ofish does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any External Links or for any other materials, products, or services of third parties.

Ofish shall not be responsible for the contents of, updates to, or privacy practices of third parties operating External Links, which may differ from those of ofish. The personal data You may choose to give to such third parties are not covered by ofish’s privacy policies. Some third party companies may choose to share their personal data with ofish, in which case such data sharing shall be governed by that third party's privacy policy.

You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that ofish shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.

PAID MEMBERSHIPS AND PAID FEATURES

In addition to the free services provided on ofish and the Services, Paid Memberships and Paid Features are offered that require payment, whether before of after using such paid Services or paid features. Ofish will use the credit card information or any other financial instrument related information You provide to bill You for goods and services. By registering for the Paid Memberships or Paid Features and providing Your credit card or other financial instrument related details, You agree to be billed by us for Your for-fee service in advance. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If You believe that any material or content distributed by ofish constitutes infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the work or material that You claim has been infringed; a description of where the material that You claim is infringing is located on our Website / Mobile Application; Your address, telephone number and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOU USE OFISH AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

OFISH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE / MOBILE APPLICATION. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY OFISH IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY USER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY OFISH, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, USER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OFISH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY OFISH AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE / MOBILE APPICATION, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER OFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF ONE (1) INDIAN RUPEE.

INDEMNITY

You shall indemnify, defend and hold harmless ofish and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants, or of any applicable law. You shall cooperate as fully as reasonably required in the defense of any such claim. Ofish reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

PRIVACY POLICY

Our privacy policy and the manner we collect, use, preserve, protect, transfer and share Your personal information and sensitive personal information is given here.

MISCELLANEOUS

This Agreement represents the entire agreement between You and ofish regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of India, without giving effect to any principle of conflict of laws. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with ofish or any Services provided by ofish, shall be resolved through arbitration by a sole arbitrator appointed by ofish, with such arbitration to be held in New Delhi, India and the lex arbitri shall be Arbitration and Conciliation Act, 1996, as applicable in India, and as amended and restated from time to time.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of ofish. Ofish may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.